Time to resume our lateblogging — or can we call it early-blogging, in light of the morning hour? — of the Federalist Society’s 2009 National Lawyers Convention. If you’re a conservative or libertarian lawyer (or law student), this is an event well worth attending every year. In addition to the lively and informative panel discussions (which offer CLE credit), the networking is excellent.

Here’s the next panel we attended, on a timely topic given the government’s increasing — and perhaps excessive — involvement in the national economy:

Breakdown of the Public-Private Distinction: Implications for the Administrative State

The general public really doesn’t understand what top-flight counsel does for their corporate clients. If they did, the pitchforks and torches crowd would be as angry at Wall Street lawyers as they are at Wall Street bankers.

Friday’s “revelation” about the advice given to Bank of America by Wachtell Lipton illustrates the point. Am Law Daily reports:

Amid the piles and piles of formerly privileged documents related to the Bank of America-Merrill Lynch merger, there are a few notes and e-mails from mid-December 2008 showing that BofA’s lawyers at Wachtell, Lipton, Rosen & Katz were saying very different things to their client and to federal regulators.

What dastardly double talk did Wachtell Lipton allegedly engage in? Corporate Counsel reports:

The e-mails show that early on the morning of December 19 [Wachtell litigation partner Eric Roth] advised the bank’s chief executive, Ken Lewis, and its interim general counsel, Brian Moynihan, on how difficult and financially risky it would be to try to invoke a so-called MAC — or material adverse change — clause, which would allow the bank to get out of the merger with Merrill.

But another e-mail from associate general counsel Teresa Brenner to Moynihan, sent several hours later and on the same day as Roth’s e-mail, says, “Eric made a very strong case as to why there was a MAC” during a conference call with some officials from the Federal Reserve.

J’accuse!

Pitchforks on parade after the jump.

As we mentioned yesterday, some jobs with the federal government — an excellent refuge from the economic storm — are disappearing even before the application period closes. So we’ll tell you about this next opportunity even before the application period opens (which is tomorrow).

A tipster tells us:

I’m a longtime reader of ATL and a big follower of all the useful info and entertaining gossip posted on the site.

I notice you recently posted about the DOJ Honors program. I was hoping you might consider writing about the Presidential Management Fellows (PMF) program.

[T]he PMF program is a hidden, relatively-unexploited gem for graduating law students, and it has not received proper attention by most of the law schools’ offices of career services. While the DOJ Honors program and the Bristow Fellowship got pretty good publicity at my school’s career services office, nobody knew much about the PMF program. I heard about it through a non-law-school source, and had to go to my university’s public policy school for more information….

[T]he PMF program is one of the absolute best avenues for graduating 3Ls that are: (a) interesting in working for the government; (b) interested in public service; (c) willing to accept a government salary with average tuition reimbursement opportunities; and/or (d) voluntarily or involuntarily not planning to work for biglaw after graduation. Fellows can apply for a position from a wide range of government agencies, including the DOJ, State Department, Department of Defense, USAID, Health and Human Services, Homeland Security, Department of Education, Federal Elections Commission, etc. These positions are generally not available for public application because of stringent government hiring restrictions (agency preference, civil service preference, veteran’s preference, etc.)

Sound promising? Read more, after the jump.

I’m not particularly interested in the history of the Titanic, but my cursory understanding of the tragedy tells me that there were not enough life boats for all of the passengers. That seems like a basic design flaw to me.

As clear as I can tell, current law students are suffering from a similar lack of suitable escape options. Future lawyers are responding to the difficulty of getting a job in private practice by bombarding government agencies with applications. But the sheer number of applicants is flooding the market for government lawyers, leaving many students out in the cold.

Applications are going far beyond obvious options like the Department of Justice. Yesterday, the Federal Trade Commission decided it couldn’t even take on any more resumes:

Thank you for your interest in the Federal Trade Commission, Bureau of Competition. Due to a record number of applications, we have ended our application period in advance of the September 30th deadline.

Again, thank you for your interest and please keep the Bureau in mind for future opportunities.

Sincerely,

Bureau of Competition Hiring Committee

When we’re at the point in the movie where the government is locking the doors to steerage, you know things are bad.

In response, Cornell Law School is urging students who want to work to move even more quickly. Details after the jump.

Who says the wheels of government turn slowly? Earlier this month, we reminded you that Justice Department Honors Program applications were almost due. Now, three short weeks later, candidates are hearing back about interviews. Sources report:

“DOJ Honors interview notifications have gone out. I was fortunate enough to snare one in the Civil Division. You might want to put up an open thread for discussion.”

“Interview invites came out Wednesday, information about which component came out Thursday. Open thread?”

We aim to please. Here you go.

If interview notifications went out on Wednesday, was that ahead of schedule? According to the list of key dates on the Honors Program website, today is supposed to be the day that the DOJ “notifies candidates selected for interviews by e-mail.”

Feel free to discuss the Honors Program interview process — which components you’re interviewing with, what you’d like to know about the process, or what you already know about the process (for those of you who have been through it) — in the comments.

The Attorney General’s Honors Program [U.S. Department of Justice]
AG’s Honors Program Key Dates [U.S. Department of Justice]

Earlier: Reminder: DOJ Honors Program Applications Are Almost Due
Open Thread: The DOJ Is Hiring Again …
Fall Recruiting Open Thread: DOJ Honors Program

This morning, we reminded you about judicial clerkships as one career option to explore. Now we’d like to remind you of another: the Attorney General’s Honors Program, at the U.S. Department of Justice. The application deadline is this coming Tuesday, September 8.

For those of you who aren’t familiar with the DOJ Honors Program, here’s a description:

The highly competitive Honors Program is the only way that the Department hires entry-level attorneys. Selection for employment is based on many elements of a candidate’s background including academic achievement, law review or moot court experience, legal aid and clinical experience, and summer or part-time legal employment. The Department also considers specialized academic studies (including undergraduate and post-graduate degrees), work experience, and extracurricular activities that directly relate to the work of the Department.

But hopefully not a candidate’s personal political beliefs.

More discussion, after the jump.

It’s legal, so it’s within our jurisdiction. But our sister sites have written it up already, so we’ll simply refer you to their coverage.

UBS is Naming Names (Finally) [Going Concern]
UBS Eagerly Pays Extortion Money [Dealbreaker]

A partner at a top New York law firm — we have more partner readers (and tipsters) than you might think — sent us an email with this subject line: “Stimulus Money for Law Firms?” The email directed us to two links on Recovery.gov, the disturbingly expensive website devoted to tracking where the federal economic stimulus money is going.

Almost $900,000 in stimulus money — i.e., your taxpayer dollars hard at work — is going to two top law firms: Debevoise & Plimpton and Paul Weiss. Debevoise is getting $432,680 and Paul Weiss is getting $462,528, both from the U.S. Department of Energy. Links are here and here.

Needless to say, this got us hugely excited. Have things gotten so bad that law firms — even firms as prestigious and profitable as Debevoise & Paul Weiss — need government funds?

Economists sometimes talk about the hypothetical stimulus of the government paying people to dig ditches and then refill them. Is the federal government now trying to jump start the legal economy, by paying law firms to draft merger agreements or summary judgment motions, then send them through the shredder? Has the phenomenon of fake work spread beyond the summer associate class, into the ranks of associates and partners, to be paid for by U.S. taxpayer dollars?

Not quite (although that would have been a juicier story). Find out the somewhat boring reality, after the jump.

Ed. note: Welcome to the latest installment of “Notes from the Breadline,” a column by a laid-off lawyer in New York. Prior columns are collected here. You can reach Roxana St. Thomas by email (at roxanastthomas@gmail.com), follow her on Twitter, or find her on Facebook.

Searching for a job is often described as a marathon. “It’s not a sprint,” people will tell you knowingly, often adding that it “might take a few months.” When my own job search began, I heard this pearl of wisdom from countless recruiters, all of whom encouraged me to “be patient.” “Don’t worry,” they told me. “Something will come up.”

Several months on, I have determined that the marathon analogy may be a bit of an understatement. Sure: Giovanna found a job in short order, but for many of us, looking for work is more like an Iron Man, the Iditarod, a long ocean voyage, or a marathon followed by an extended push to the summit of a high peak. Carrying a heavy pack. I can imagine the captain’s log for such a journey. “Day 180,” it would read. “Morale is low. Rations are scarce. The cats are restless; I fear that a mutiny is not far off.”

Not long ago, I stopped by Lat’s office for a chat about this dismal state of affairs. “This isn’t getting any easier,” I said. “Does anyone find a job these days?”

“Think of it as a marathon, Roxana,” Lat said, stroking his chin wisely. He offered me a cup of coffee, which flows from a garden-sized fountain topped with a naked, burbling Cupid standing on one foot, in his office. Then he paused to consider my question. A moment later, it became clear to me that he could not think of anyone who had, in fact, found a job. “I get the picture,” I said glumly.

But a few days later, Lat delivered some encouraging news: he knew someone who had found a job. “It took a while,” he said of his acquaintance, “but he did it.” In fact, Lat explained, it had taken the acquaintance a remarkably long time to find work. Even more remarkable, however, was how long the man’s job search had taken, despite his impeccable credentials and extensive network of well-connected lawyers.

I decided to talk to the lucky fellow about his experience in - and getting out of - the breadline. Perhaps, I thought, he could inspire us, provide some insight, or (at the very least) make us feel better about our collective inability to find gainful employment. A few days later, I reached out to our new friend, who I’ll call “Max.” (He asked that his real name not be used.)

Read about Max’s job search, after the jump.

The Yale Law School campus is buzzing with rumors that their popular dean, Harold Hongju Koh, could be leaving for a job in the Clinton State Department. The Yale Daily News reports that Koh could be appointed as legal adviser to the State Department:

In that position, Koh — a former assistant secretary of state and a leading expert on international law — would serve as principal counselor on all legal matters to Secretary of State Hillary Rodham Clinton LAW ‘73.

Rumors have swirled for months around the Law School and in Washington, D.C., that Koh, whose five-year term as dean ends in June, might leave Yale to serve again in government. Koh, however, has repeatedly dismissed talk about a possible appointment as pure speculation.

Koh and the YLS press office did not respond to ATL’s requests for comment.

Even though Koh’s five year term is up in June, Yale has given every indication that Koh can keep his current job if he wants it:

University President Richard Levin said Wednesday that a routine review of Koh’s tenure at the Law School — timed for the end of his first term as dean — had yielded positive responses.

“It was clear that the community supported his reappointment,” Levin said. “There’s no question: If he stays here, he will be reappointed.”

If Koh leaves, he’ll be creating yet another opening on the Law School Dean circuit — which is one of the few jobs in the legal profession that is hiring.

Details after the jump.

Back in July, when we covered the nuptials of celebrity professors / Obama advisers Cass Sunstein and Samantha Power, we wrote: “We look forward to seeing the heights to which they will ascend, together, in the administration of President Obama.”

Well, now we know. Both have snagged important positions in the White House. As previously reported, Sunstein, a former colleague of Obama’s from the University of Chicago Law School faculty, was tapped to serve as “regulatory czar” — a big deal in an administration that will be cranking out lots of regulations.

And last night we learned that Samantha Power will be joining hubby Cass at 1600 Pennsylvania Avenue. From the Associated Press:

Samantha Power, the Harvard University professor and Pulitzer Prize-winning author who earned notoriety for calling Hillary Rodham Clinton a ”monster” while working to elect Barack Obama president, will take a senior foreign policy job at the White House….

Officials familiar with the decision say Obama has tapped Power to be senior director for multilateral affairs at the National Security Council, a job that will require close contact and potential travel with Clinton, who is now secretary of state. NSC staffers often accompany the secretary of state on foreign trips.

See, Obama does have a sense of humor! Or, more likely, Obama always planned to give Power a plum position, despite “Monstergate.” Sure, it wasn’t her finest hour; but as a Harvard Law School grad, Power is entitled to a few undiplomatic moments. Speculates Gawker: “If someone really wants to hire you, he’ll make your future boss promise to be nice to you, in exchange for her job.”

Update: More good news for Samantha Power and Cass Sunstein. A tipster tells us: “They’re creating a super-child of the 21st century. She’s pregnant!”

A little more about the Power couple, after the jump.

Last night we wrote about some of the top-notch talent that will be filling senior legal positions in the Obama Administration. These are big names, and you probably also read about them in big publications, like the Legal Times or the Wall Street Journal.

ATL is willing to drill down deeper. We now bring you personnel news at more junior levels. If you graduated law school in the past 15 or even 10 years, you might actually know some of these people.

Our prior post focused on two of the most prestigious parts of the Department of Justice: the Solicitor General’s office, and the Office of Legal Counsel. We now turn our attention to two other top offices: the White House Counsel’s office, and the office of the Deputy Attorney General.

Over 300,000 people applied for 3,300 positions in the Obama administration. After going through a ridiculous screening process, these fine folks landed 20 of the most coveted legal jobs in the country.

See if you know any of them, after the jump.

President Barack Obama has hit the ground running. Even before President Obama was done flubbing taking the oath of office, the revamped White House website was launched. You can check the WH website, including the new “Briefing Room” blog, for news of notable nominations and appointments.

We’ll also follow personnel news here on Above the Law, at least with respect to leading lawyers (most of them bound for the Department of Justice and the White House Counsel’s office). We’ve covered some notable nominations already. E.g, Eric Holder for attorney general; Elena Kagan for solicitrix general; Cass Sunstein for regulatory czar; and Kathy Ruemmler for PADAG.

A few more names have surfaced since then. Some of them pertain to the Office of Legal Counsel, the most prestigious DOJ component to work for other than the Solicitor General’s office (and arguably more powerful). We once dubbed OLC the Finishing School for the Elect:

If you don’t land a Supreme Court clerkship that immediately follows your feeder judge clerkship, cool your heels at the OLC, then reapply to the Court. Success is practically guaranteed!

As previously reported, with the Senate’s consent, the headmistress of the Finishing School will be Dawn Johnsen (pictured). Professor Johnsen teaches law at Indiana University - Bloomington and served at OLC during the Clinton Administration, as Acting Assistant Attorney General and Deputy Assistant Attorney General, so she is well-prepared for the job. When we spoke at IU almost two years ago, students we met were already speculating that Professor Johnsen — described as a “brilliant” scholar, even if not the clearest or most effective classroom teacher — might someday return to government.

Professor Johnson will be joined by two more academics: Professor David Barron, of Harvard Law School, and Professor Marty Lederman, of Georgetown Law School. To learn more about their appointments, see Politico and Balkinization, respectively. Professor Lederman may be familiar to many of you as an active contributor in the legal blogosphere, having blogged for Balkinization and SCOTUSblog.

Since President Obama is a former legal academic, it should come as no surprise that he’s recruiting so many law profs to join the upper echelons of his administration. The marquee names of Kagan, Sunstein, Johnsen, Barron and Lederman will also be joined by one of the brightest young stars of the legal firmament: Georgetown law professor Neal Katyal (pictured), of Hamdan v. Rumsfeld fame. As reported by the Legal Times (via the WSJ Law Blog), wunderkind Katyal has been tapped to serve as Elena Kagan’s right-hand man, principal deputy solicitor general.

For a comprehensive listing of the top legal eagles in the Obama Administration, see this handy round-up over at the BLT. As you can see, these are big, boldface names — gods and goddesses of our profession. Congratulations and good luck to all of them (not that they’ll need it).

We’ll have more hiring news — including items about less celestial beings, more junior lawyers, people you might actually know — in subsequent posts. If you have info to share, please email us. Thanks.

Update: Add Harvard’s Einer Elhauge to the list of legal academics bound for the Obama Administration. Details via Brian Leiter.

Marty Lederman joins the Office of Legal Counsel [Balkinization]
Katyal Tapped as Principal Deputy in SG’s Office [The BLT: The Blog of Legal Times]
DOJ in Flux [The BLT: The Blog of Legal Times]
Georgetown to Lose Lederman and Katyal to OLC, SG’s Office [WSJ Law Blog]
Another Bush critic to OLC [Politico]
More Departures from Academia to the Obama Administration: Lederman from Georgetown, Barron from Harvard [Leiter’s Law School Reports]

* SCOTUS may hear the case of a Texas woman who claims that an extreme religious group forced her to “exorcise her demons”, disturbing her so much that she later attempted suicide. [The Atlanta Journal-Constitution]

* On Wednesday, the federal court in Manhattan will start considering information that will infect the investor’s in Madoff’s Ponzi scheme. Furthermore, Judge Louis L. Stanton of the U.S. District Court will consider whether people who invested in “feeder funds” with other Wall Streeters who invested in Madoff’s fund will be covered under the Securities Investor Protection Corporation—a federal fund that protects investors in cases like these. [The New York Times]

* The federal government announced a settlement over a developers who build projects on wetlands in Michigan’s Midland and Bay counties—a case that has gone on for decades. [The Chicago Tribune]

*Former New York City police Commissioner Bernard Kerick pleaded not guilty in a federal court to charges of tax evasion and corruption. [CNN.com]

* Store vendors angered by department store’s mark-downs may make the stores cover more of the losses. If they succeed, they could get back $ 1.2 billion from Macy’s, Saks Inc., Dillard’s, Nordstrom, Kohl’s and JC Penney. [Bloomberg.com]

* “The 6th Circuit struck down a vehicle safety law in Michigan that banned drivers from hanging any view-obstructing baubles from their rearview mirrors. [Courthouse News Service]

Because TPW knows a thing or two about crisis and rescue plans.

Seriously, though, it’s a good sign for the firm, even if it may not be a lucrative engagement — the Treasury press release reports that “total cost for the firm’s services is not expected to exceed approximately $500,000.” It raises the possibility that rumors of the firm’s demise are greatly — well, maybe not greatly, but somewhat — exaggerated.

Treasury Hires Legal Firm Under the Emergency Economic Stabilization Act
[U.S. Department of the Treasury (press release)]

ATL correspondent Laurie Lin, on the scene at the annual dinner of the Federalist Society, reports that Attorney General Michael Mukasey “literally collapsed mid-sentence at the podium,” while delivering a speech at the Society’s National Lawyers Convention. It is not clear what AG Mukasey suffered, but a stroke is possible.

“Medical people are working on him now as he lies on the dais,” according to Lin. “Secret Service FBI says no one can get up. Entire hall is shocked and silent.”

Update (10:38 PM): “They appear to have an IV in. They have taken him out. Now people are praying…. Everyone is saying it looked like a stroke. People are very somber. Some people from the DOJ are visibly shaken.”

Update (10:47 PM): According to radio reports, Mukasey did not immediately regain consciousness after collapsing, and was taken to an area hospital. More from Politico over here.

Update (11:03 PM): According to a different source, Mukasey had regained consciousness by the time he was taken out of the room.

Update (11:06 PM): People are now being allowed to leave the room. From Laurie Lin: “The party ended abruptly, needless to say. The tone of the man [perhaps David McIntosh] who prayed after they took out the AG seemed pretty grim. He asked for prayers for Mukasey’s wife, who was there according to the program, and the Mukasey family.”

More updates after the jump.

New lawyers to lead the nation are sending in their resumes. Already, UC Berkeley School of Law Dean Christopher Edley has received a choice position as part of Obama’s transition advisory board. (I wonder if he’s accepting resumes from his students?)

Here’s an interesting choice for Edley and the rest of the transition team that will be picking the next Solicitor General. According to the Legal Times:

No woman has ever served as solicitor general, but a number have been mentioned as candidates for the job in an Obama administration. Stanford Law School professors Kathleen Sullivan and Pamela Karlan and Harvard Law School Dean Elena Kagan are possibilities, as well as Morrison & Foerster partner Beth Brinkmann and MetLife litigation counsel Teresa Wynn Roseborough.

They could also be considered to lead of the Justice Department’s Office of Legal Counsel, which produces legal opinions on complex matters for the attorney general and the president. Lawyers who have held both positions have gone on to become Supreme Court justices. Chief Justice Charles Evans Hughes and Justices Stanley Reed and Thurgood Marshall were solicitors general. The late Chief Justice William Rehnquist and current Justice Antonin Scalia once headed the Office of Legal Counsel. That experience could come in handy should one or more Supreme Court justices step down in the next four years.

Speculation has also centered on prominent African-American attorneys who may be ready to step forward:

Valerie Jarrett (Stanford, Michigan Law): Jarrett is a longtime Obama adviser, who’s now one of three people heading his transition team. She told the WSJ that blacks won’t be pigeonholed into “historically conventional” roles, such as secretary of housing and urban development or assistant attorney general for civil rights.

Other high profile positions after the jump.

Today is the day that the U.S. Department of Justice emails applicants to set up interviews for the Attorney General’s Honors Program. Each division is sending out its own letter.

If you didn’t receive one of these emails, well, then you probably didn’t attend the Nobody F**** With the Jesus School Of Law:

Congratulations! You have been selected for an interview by the [redacted] for the Attorney General’s Honors Program.

The Department of Justice is issuing separate Email messages, component by component, to the candidates selected for interviews. Please note that your application was referred to all components you designated as employment preferences. If you do not receive a message from any specific component, then you were not selected by that hiring component for an interview.

Once all component notification messages have been issued, we will send a separate Email message providing instructions on how to schedule your interview. Please follow the instructions in the notification Email message and review the Travel Memo posted at www.usdoj.gov/oarm/arm/hp/hpinterview.htm.

Thank you for your interest in the Department of Justice and good luck in your interview.

We expect this year’s hiring process to be heavily scrutinized. What should an interviewee do as they walk into that charged environment? Wear a McCain button? Waterboard the receptionist? Or maybe go the other way and give her a hug (and then bus her halfway across town to a superior school district)? Either way, be sure to talk about “change” a lot.

We kid the Justice Department because they’re not nearly as scary as the IRS.

But seriously, what should these interviewees do to secure these important positions? Please share helpful advice on ways that I can kill myself how to ace the interview in the comments.

Earlier: The DOJ Honors Program Hiring Scandal: The ‘Harvard Law Avenger’ Strikes Again?

We hear that the Justice Department’s special report on our favorite DOJ diva, Monica Goodling, will be coming out later today — in fact, later this morning. Perhaps within 15 minutes or so, give or take….

Stay tuned. We’ll update this space with more as it emerges.

Update (10:08 AM): As we predicted, the report of the Office of the Inspector General, “An Investigation of Allegations of Politicized Hiring by Monica Goodling and Other Staff in the Office of the Attorney General,” has been released. To access it, click here (PDF).

We haven’t head the chance to read it yet (since we’re juggling several stories this morning). If you take a look at the report, please feel free to point out the most interesting portions, in the comments.

Further Update: More from NPR, the AP, and the WSJ Law Blog.

Justice Dept.’s Hiring Tactics Illegal, Report Says [National Public Radio]
DOJ: Former aide broke law in hiring scandal [Associated Press]
Who’s to Blame for GonzoGate? DOJ Report Points to Goodling [WSJ Law Blog]

An observant tipster directed our attention to a fascinating excerpt from the Inspector General’s report (PDF) about the politicization of hiring at the Justice Department’s Honors Program. From page 59:

The Civil Rights Division had 24 of its 52 candidates deselected, and appealed 1. That candidate was a student at Harvard Law School with an A- grade average, had interned at the U.S. Attorney’s Office in the Eastern District of California, and was strongly recommended by an attorney in the front office of the Civil Rights Division who knew him.

Rena Comisac, Principal Deputy Assistant Attorney General for the Civil Rights Division, told us that after the appeal was submitted, [Michael] Elston informed her that the Screening Committee had found an article on the Internet in which the candidate was quoted as expressing regret that he had not participated in the 1999 World Trade Organization (WTO) protests in Seattle. According to Comisac, Elston said that if the candidate wanted to participate in the Seattle WTO protests, which in Elston’s opinion were close to a riot, then the candidate would not hesitate to chain himself to the front steps of the Department if he did not like the way something was being done. Comisac told us that it was clear to her that “any additional appeals would not be productive” and that she decided not to pursue the matter further.”

Now we wonder who that might be. A Harvard Law School student with an impressive academic record, who has ties to the Sacramento area (E.D. Cal.), and who has publicly expressed regret about missing the 1999 WTO protests….

Are you thinking what we’re thinking?

A Man of Many Hats [Harvard Crimson]

Earlier: Meet the Note Author: Phil Telfeyan, the Harvard Law Avenger